RAL SUPPLY GROUP v. W&J SERVICES


711 A.2d 1382 (1997)

312 N.J. Super. 604

The RAL SUPPLY GROUP, INC., a New York Corporation, Plaintiff, v. W & J SERVICES, INC., et al., a New Jersey Corporation; Gale, Wentworth & Dillon, Inc., a New Jersey Corporation; JNC Plumbing, Heating & Mechanical, Inc., a New Jersey Corporation; Joseph N. Cofone, Jr.; Kemsco Development Company, Inc., a New Jersey Corporation; Zak Construction, Inc., a New Jersey corporation; Muncy Building Enterprises, L.P., a Delaware Limited Partnership; Muncy Building Enterprises, Inc., a Delaware Corporation; Insurance Company of North America, a Pennsylvania Corporation; Liberty Mutual Insurance Company, a Massachusetts Corporation; New Jersey Housing and Mortgage Finance Agency; Housing Authority of the City of Newark, Defendants.

Superior Court of New Jersey, Law Division, Essex County.

Decided July 3, 1997.


Attorney(s) appearing for the Case

David N. Buda, Montvale, for plaintiff.

Peter J. Torcicollo, for defendants Insurance Company of North America and Liberty Mutual Insurance (Crummy, Del Deo, Dolan, Griffinger & Vecchione, Newark).


KIRSTEN, J.S.C.

The defendant Insurance Company of North America (INA), which issued a Payment and Performance Bond on the project involved herein, moved for summary judgment on the ground that plaintiff's claim against it as the issuer of the surety bond was barred by N.J.S.A. 2A:44-145, a provision of the Public Bond Act. Plaintiff argues that the Public Bond Act does not apply, because the project here involved is a private project and not subject...

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